Entering a Homeowners Association

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If you are contemplating the purchase of a residence or building site in a planned community that is governed by a developer or homeowners' association, be very cautious; you could be making a major mistake.

While we, as Americans, feel that the freedom to pursue a lifestyle, such as RVing, is protected by the U.S. Constitution, there are those who put restrictions on that freedom.

Planned residential developments have a place in our society for those willing to abide by the restrictions they place on property owners, but some of these organizations may curtail the rights of RV owners.

There developments usually have land-use restrictions outlined in a document called the Covenants, Codes and Restrictions (CC&Rs). This document specifies what you may and may not do on your own property. The majority of these developments prohibit RV parking except on a very limited basis for loading and unloading, and some do not even allow for that convenience.

Many unwary buyers have not heeded this warning, and after the escrow papers are finalized, they learn that they cannot park their RVs on their own land.

When shopping for a home, find out exactly what the CC&Rs entail yourself - do not just take the word of your salesperson. Unless they are RV owners themselves, they may not even be aware of such a restriction.

Ask for a copy of the CC&Rs before you make any commitments, verbal or otherwise, or put a deposit down on the property unless it is written into the contract that you may withdraw your offer pending your inspection of the CC&Rs.

Take this document to an attorney for interpretation; these regulations that cover everything from vehicle parking to landscaping and exterior color frequently are written in what is referred to as "legalese," and cannot always be understood by the average buyer.

These private communities are no longer exclusive enclaves for the very wealthy. Developments governed by the CC&Rs are making their way into the middle-class price range. Don't be fooled because the development is not an exclusive, gated community. Except for the CC&Rs mandating how the property may be used, many of these developments look like any other neighborhood in a city or suburb.

Developments with CC&Rs can be as small as a few square blocks or as large as a few square miles. Frequently, even the roads within the development are owned by the property owners' associations and maintained by money collected in assessment fees. In such an instance, even street parking that is legal in the parent community can be banned because the streets within the development are not public. For instance, the city surrounding the development might allow RVs to be parked on streets for a specified number of hours for the purpose of loading and unloading, but that ordinance may not extend into a development where the streets are owned and maintained by the developer or property owners' association.

If you are looking at property and do not see any RVs in evidence, chances are you are in an area where RVs are banned or at least parked under stringent guidelines.

Initially, the company developing the property will be establishing and enforcing these guidelines. After most or all of the property has been sold to individuals, there usually is a property owners' association that will take over this role. At that time, even if the developer did not impose RV restrictions, if enough of the current property owners wish to add this to the CC&Rs, they often can do so by majority vote. Buying into any development of this type can be extremely risky if you are planning to park your rig on your property.

Even if you do not reside within one of these neighborhoods, you must realize that they have ways of reaching beyond their boundaries to impose restrictions on the rest of the community. That is because these associations sometimes find it difficult and costly to enforce their CC&Rs and maintain aesthetic control of the area. That's when they turn to the community in which the development is situated and put pressure on the city to adopt an ordinance that essentially parallels their CC&Rs as they relate to RV parking. In larger communities, several developments will pool their resources and their muscle to get the city to do things their way.

Unfortunately, by pressuring the city to adopt their standards, the property owners' associations reach out and threaten to control those residents who have chosen not to reside in a development with strict anti-RV laws. They can still find themselves facing anti-RV parking restrictions. It boils down to the RV owners against the developments, and it is a tossup as to which will win.

Even if you reside in a private development that currently does not have anti-RV restrictions, don't let your defenses down. All it takes is for a few property owners to determine that they no longer want to allow you to park your RV on your property. When that happens, you must enlist the aid of your fellow RVers to stop the proposed change before it takes root.

Not all developers go into a situation with an anti-RV attitude. On the contrary, a developer who was negotiating with the planning commission of a popular Southern California community was aiming his homes for a middle-income market. With this in mind, he incorporated an RV storage section, nicely fenced and away from homes, in his plans. Not only did the planning commission nix that idea; they went one step further and mandated that would be no RVs allowed overnight anywhere in that development, thereby changing potential type of residents that would be attracted to the community.

Homeowners' associations are gaining in strength and numbers, and they must be taken seriously. Most have the legal right to put a lien on your property if you do not abide by their guidelines.

The need to be cautious cannot be emphasized strongly enough. When a development has CC&Rs be careful.